7 Amendments of Sergio Paolo Francesco SILVESTRIS related to 2012/0278(COD)
Amendment 39 #
Proposal for a regulation
Recital 11
Recital 11
(11) It is important to define, in accordance with the Nagoya Protocol, that the use of genetic resources refers to research and development on the genetic or biochemical composition of samples of genetic material, which includes research and development on isolated compounds extracted from genetic material that was accessed in a Party to the Nagoya Protocolgenetic resources.
Amendment 43 #
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to ensuring an effective implementation of the Nagoya Protocol, all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that, where relevant, benefits are shared. However, given the diversity of users within the Union it is not appropriate to oblige all users to take the same measures for exercising due diligence. Therefore, only minimum features of due diligence measures should be set out. The specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practiis is the case in particular for subsequent users where the due diligence obligation should only apply in the case such users access as well as complementary measnd use genetic resources in support of sectoral codes of conduct, model contractual clauses, and guidelines with a view to increasing legal certainty and reducing coststhe form as originally accessed by the initial user. The obligation on users to keep information relevant for access and benefit-sharing should be limited in time, consistent with the time-span for an eventual innovation.
Amendment 47 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules governing compliance with access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources, in accordance with the provisions of the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the Convention on Biological Diversity (the Nagoya Protocol).
Amendment 50 #
Proposal for a regulation
Article 4 – paragraph 2 – point a – subpoint 3
Article 4 – paragraph 2 – point a – subpoint 3
(3) the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources;
Amendment 54 #
Proposal for a regulation
Article 5 – paragraph 3 – point e a (new)
Article 5 – paragraph 3 – point e a (new)
(e a) The obligation referred to in paragraphs (1) to (3) of this Article shall only apply to subsequent users in case such users access and use genetic resources in the form as originally accessed by the initial user.
Amendment 59 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The competent authorities shall exchange information on the organization of their checking system for monitoring user compliance with this Regulation and on serious shortcomings detected through checks referred to in Article 9(1) and on the types of penalties imposed in accordance with Article 11 with the competent authorities of other Member States and with the Commission.
Amendment 60 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A Union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established. Member States which envisage adopting access rules as regards their genetic resources shall first conduct an impact assessment of these rules and submit the result of this assessment to the Union platform for consideration pursuant to the procedure laid down in paragraph 5 of this Article.